Supreme Court - Daily Orders
Chandigarh Housing Board vs Tarsem Lal on 11 December, 2020
Author: V. Ramasubramanian
Bench: V. Ramasubramanian
ITEM NO.20 Court 12 (Video Conferencing) SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
IA 186336/2019 & 186338/2019, in Petition(s) for Special Leave to
Appeal (C) No(s). 1663/2019
CHANDIGARH HOUSING BOARD Petitioner(s)
VERSUS
TARSEM LAL & ANR. Respondent(s)
(I. A. Nos. 186336/2019 and 186338/2019 are to be listed before the
Hon'ble Chamber Judge.(I. A. No. 186336/19 may be read as
application for substitution).
IA No. 186338/2019 - APPLICATION FOR CONDONATION OF DELAY IN
FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT
IA No. 186336/2019 - SETTING ASIDE AN ABATEMENT)
Date : 11-12-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
[IN CHAMBER]
For Petitioner(s) Mrs. Rachana Joshi Issar, AOR
For Respondent(s) Mr. Shivendra Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
These are applications filed by the Chandigarh Housing Board which is the petitioner in the Special Leave Petition, seeking condonation of delay of 5792 days and also seeking to bring on record the lrs. of the deceased second respondent.
But it appears from the file that the second respondent died on 28.10.2003, even during the pendency of the second appeal before the High Court of Punjab & Haryana. The judgment of the High Court of Signature Not Verified Punjab & Haryana impugned the Special Leave Petition was Digitally signed by Rachna Date: 2020.12.11 rendered on 10.08.2018, which is 15 years after the death of the 16:15:21 IST Reason:
second respondent.
...2/-2
When the appeal before Punjab & Haryana High Court itself had abated as against the second respondent, the question of abatement in this Court and the question of seeking to set aside the abatement against the second respondent does not arise.
As a matter of fact, the first respondent was the plaintiff in the suit and he is the decree holder and he continues to be on record. Therefore, the contest is virtually between the petitioner and the first respondent.
Hence, I.A.No.186336/2019 for substitution to bring on record the lrs. of deceased respondent no.2 & I.A.No.186338/2019 for condonation of delay of 5792 days in filing substitution application are dismissed.
(NIRMALA NEGI) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)